Legal Question in Real Estate Law in California

Re: lien on my property

From your email, it does not sound like they have actually filed a mechanics lien on your property. Typically, they have 90 days from the stoppage of work. Finally, if they do attempt to file a lien, they are limited to the value of the work/improvement to the home. From your description, it does not sound like that they much actual work or left any product, besides demolition. Upon filing the lien, they would have to then file s lawsuit to �foreclose� on the lien. At which time, you would be able to present your defenses to the claims, and possible even file a cross-complaint to get back your money.

If no lien and foreclosure action is filed but you are looking to get back the balance of your down payment, I recommend that you do the following:

� Check with the Calif. Contractors State License Board: confirm that company with whom you contracted was property licensed at the time of contract and work � if not, they are entitled to enforce the contract and may face administrative and possible criminal penalties; and

� Review California Business & Professions Code Section 7150, et. seq., the statutes dealing with �home improvement� contractors, form of contracts and remedies, including attorney fees.

Depending on your findings from this research, you (or an attorney on your behalf) may be in position to write an authoritative letter to the closet contactor, demanding an immediate refund

[Please be advised that the statements and opinions provided above are an informational service to the general public. Since this reply is based upon an incomplete description of facts, this email should not used as a substitute for legal advice from a qualified and fully-informed attorney. Moreover, these communications are intended for use by the public. As such, this email does not constitute a confidential communication nor does it create an attorney-client relationship with Lynes & Associates or any of its members.]

Re: lien on my property

I agree with Mr. Lyne's response. My advice to you is to save your documentation in the event that you need a lawyer. If the contractor records a mechanic's lien, he only has 90 days in which to file an action to foreclose the lien, otherwise the lien is null and void. If this happens, do not wait until the last minute to seek legal representation. If the company files a lawsuit to foreclose on the mechanic's lien, and you hesitate, you could lose your home.

Very truly yours,